OK
Oklahoma House Bill HB4055

Oklahoma 2022 Regular Session

Oklahoma House Bill HB4055 Compare Versions

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28-STATE OF OKLAHOMA
29-
30-2nd Session of the 58th Legislature (2022)
31-
32-CONFERENCE COMMITTEE
33-SUBSTITUTE
34-FOR ENGROSSED
35-HOUSE BILL NO. 4055 By: Marti, Davis, Talley, and
28+ENGROSSED SENATE AMENDMENT
29+TO
30+ENGROSSED HOUSE
31+BILL NO. 4055 By: Marti, Davis, Talley, and
3632 McDugle of the House
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3834 and
3935
4036 Paxton of the Senate
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46-CONFERENCE COMMITTEE SUBSTITUTE
47-
4842 An Act relating to medical marijuana; requiring
49-licensed medical marijuana commercial growers to
50-inform retail suppliers or electric cooperatives as
51-to their license status; requiring transmission of
52-monthly usage reports in certain format to the
53-Oklahoma Medical Marijuana Authority; amending 63
54-O.S. 2021, Section 427.3, as amended by Section 8 of
55-Enrolled Senate Bill No. 1543 of the 2nd Session of
56-the 58th Oklahoma Legisl ature, which relates to the
57-Oklahoma Medical Marijuana and Patient Protection
58-Act; requiring establishment of procedures to
59-monitor, collect, and transmit certain usage
60-information of licensed medical marijuana commercial
61-growers; providing for the transmission of monthly
62-usage reports; requiring the development of rules,
63-exemptions, and procedures; providing for license
43+public utilities to report certain monthly commodity
44+usage to the Oklahoma Medical Mar ijuana Authority;
45+requiring licensed medical marijuana commercial
46+growers to inform public utility as to their license
47+status by certain time; requiring submission of
48+certain monthly report in certain format to the
49+Authority; amending 63 O.S. 2021, Section 427.3,
50+which relates to powers and duties of the Oklahoma
51+Medical Marijuana Authority; requiring establishment
52+of procedure to monitor and collect certain commodity
53+usage information for licensed medical marijuana
54+commercial growers; providing for submission of
55+certain information; requiring submission be in
56+certain form; requiring the development of certain
57+rules and necessary procedure s; providing for license
6458 revocation; providing for codification ; and providing
6559 an effective date.
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70-BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
64+AMENDMENT NO. 1. Page 1, strike the title to read
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66+"[ medical marijuana - public utilities to report
67+certain monthly commodity usage - growers to inform
68+public utility as to their license status - monthly
69+report - procedure to monitor and collect certain
70+commodity usage information - codification -
71+effective date ]"
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97-SECTION 1. NEW LAW A new section of law to be codified
98-in the Oklahoma Statutes as Section 180.12 of Title 17, unless there
99-is created a duplication in num bering, reads as follows:
100-Every existing licensed medical marijuana commercial grower
101-shall be required to inform retail suppliers or electric
102-cooperatives utilized of their status as a licensed medical
103-marijuana commercial grower within thirty (30) days after the
104-effective date of this act. Every licensed medical marijuana
105-commercial grower that receives a license after the effective date
106-of this act shall inform retail suppliers or electric cooperatives
107-utilized of their status as a licensed medical marijuana commercial
108-grower at the time of the connection of services. As provided for
109-in paragraph 12 of subsection D of Section 427.3 of Title 63 of the
110-Oklahoma Statutes, a licensed medical marijuana commercial grower
111-shall transmit monthly reports to the Oklahoma Medical Marijuana
112-Authority providing the amount of electricity and water consumed.
113-The monthly reports shall be transmitted in an electro nic format
114-that can be integrated with the seed-to-sale software of the
115-Authority.
116-SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.3, as
117-amended by Section 8 of Enrolled Senate Bill No. 1543 of the 2nd
118-Session of the 58th Oklahoma Legislature , is amended to read as
119-follows:
99+Passed the Senate the 27th day of April, 2022.
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101+
102+
103+ Presiding Officer of the Senate
104+
105+
106+Passed the House of Representatives the ____ day of __________,
107+2022.
108+
109+
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111+ Presiding Officer of the House
112+ of Representatives
113+
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146-Section 427.3 A. There is hereby created the Oklahoma Medical
147-Marijuana Authority which shall address issues related to the
148-medical marijuana program in this state including, but not limited
149-to, the issuance of patient licenses and medical marijuana business
150-licenses, and the dispensing, cultivating, processing, testing,
151-transporting, storage, research, and the use of and sale of med ical
152-marijuana pursuant to the Oklahoma Medical Marijuana and Patient
153-Protection Act.
154-B. 1. Beginning on the effective date of this act, the
155-Authority shall cease to be part of or a division of the State
156-Department of Health and shall be deemed to be a separate and
157-distinct agency, to be known as the Oklahoma Medical Marijuana
158-Authority. The Authority and the Executive Director of the
159-Authority shall continue to exercise their statutory powers, duties,
160-and contractual responsibilities. All records, property, equipment,
161-assets, monies, financial interests, liabilities, matters pending,
162-and funds of the division shall be transferred to the Authority.
163-2. All licenses granted by the Department pertaining to medical
164-marijuana shall maintain rights and privileges under the authority
165-of the Authority; provided, however, that all licens es shall be
166-subject to revocation, suspension, or disciplinary action for
167-violation of any of the provisions of the Oklahoma Medical Marijuana
168-and Patient Protection Act and rules promulgated by the Executive
169-Director.
139+ENGROSSED HOUSE
140+BILL NO. 4055 By: Marti, Davis, Talley, and
141+McDugle of the House
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143+ and
144+
145+ Paxton of the Senate
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147+
148+
149+
150+
151+
152+
153+An Act relating to medical marijuana; requiring
154+public utilities to report certain monthly commodity
155+usage to the Oklahoma Medical Mar ijuana Authority;
156+requiring licensed medical marijuana commercial
157+growers to inform public utility as to their license
158+status by certain time; requiring submission of
159+certain monthly report in certain format to the
160+Authority; amending 63 O.S. 2021, Section 427.3,
161+which relates to powers and duties of the Oklahoma
162+Medical Marijuana Authority; requiring establishment
163+of procedure to monitor and collect certain commodity
164+usage information for licensed medical marijuana
165+commercial growers; providing for submission of
166+certain information; requiring submission be in
167+certain form; requiring the development of certain
168+rules and necessary procedure s; providing for license
169+revocation; providing for codification ; and providing
170+an effective date.
171+
172+
173+
174+
175+BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
176+SECTION 1. NEW LAW A new section of law to be codified
177+in the Oklahoma Statutes as Section 180.12 of Title 17, unless there
178+is created a duplication in num bering, reads as follows:
179+Public utilities, as defined in Section 151 of Title 17 of the
180+Oklahoma Statutes, shall report to the Oklahoma Medical Marijuan a
181+
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196-3. The Authority shall succeed to any contract ual rights or
197-responsibilities incurred by the Department pertaining to medic al
198-marijuana.
199-4. Rules promulgated by the State Commissioner of Health
200-pertaining to medical marijuana that are in effect on the effective
201-date of this act shall be immediately adopted and enforced by the
202-Executive Director. The Executive Director maintains the aut hority
203-to further promulgate and enforce rules.
204-5. The Department and the Authority may enter into an agreement
205-for the transfer of personnel from the Department to the Authority.
206-No employee shall be transferred to the Authority except on the
207-freely given written consent of the employee. All employees who are
208-transferred to the Authority shall not be required to accept a
209-lesser grade or salary than presently received . All employees shall
210-retain leave, sick, and annual time earned, and any retirement a nd
211-longevity benefits which have accrued during their te nure with the
212-Department. The transfer of personnel between the state agencies
213-shall be coordinated with the Off ice of Management and Enterprise
214-Services.
215-6. The expenses incurred by the Authority as a result of the
216-transfer required by this subsection shall be paid by the Authority.
217-7. The division within the Department known as the Oklahoma
218-Medical Marijuana Aut hority shall be abolished by the Department
219-after the transfer has been completed .
207+Authority the amount of any commodity supplied by the public utility
208+to licensed medical marijuana commercial grower operations in this
209+state. Existing licensed medical marijuana commercial growers shall
210+be required to inform the public utility as to their status as a
211+licensed medical marijuana commercial grower within thirty (30) days
212+after the effective date of this act. Licensed medical marijuana
213+commercial growers that receive a license after the effective date
214+of this act shall inform the public utility of their status as a
215+licensed medical marijuana commercial grower at the time of
216+connection of services. Public utilities shall submit monthly
217+reports to the Authority providing the names and addresses of and
218+the amounts of commodities supplied to the licensed medical
219+marijuana commercial growers. The monthly reports shall be
220+submitted in an electro nic format that is integrated with the
221+Authority's seed-to-sale software.
222+SECTION 2. AMENDATORY 63 O.S. 2021, Section 427.3, is
223+amended to read as foll ows:
224+Section 427.3 A. There is hereby created the Oklahoma Medic al
225+Marijuana Authority within the State Department of Health which
226+shall address issues r elated to the medical marijuana pro gram in
227+Oklahoma including, but not limited to, the is suance of patient
228+licenses and medical mari juana business licenses, and the
229+dispensing, cultivating, processing, testing, transporting, storage,
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246-8. The Office of Management and Enterprise Services shall
247-coordinate the transfer of records, property, equipment, assets,
248-funds, allotments, purchase orders, liabilities, outstanding
249-financial obligations, or encumbrances provided for in this
250-subsection.
251-C. The Authority shall implement the provisions of the Oklahoma
252-Medical Marijuana and Patient Protect ion Act consistently with the
253-voter-approved State Question No. 788, Initiative Petition No. 412,
254-subject to the provisions of the Oklahoma Medical M arijuana and
255-Patient Protection Act.
256-D. The Authority shall exercise its respective powers and
256+research, and the use of and sale of medical marijuana pu rsuant to
257+the Oklahoma Medical Marijuana and Patient P rotection Act.
258+B. The Department shall pro vide support staff to perform
259+designated duties of the Authority. The Department shall also
260+provide office space for meetin gs of the Authority.
261+C. The Department shall implement the provisions o f the
262+Oklahoma Medical Marijuana and Patient Protection Act consistently
263+with the voter-approved State Question No. 788, Initiative Petition
264+No. 412, subject to the provisions of the Oklahoma Medical Marijuana
265+and Patient Protection Act.
266+D. The Department shall exercise i ts respective powers and
257267 perform its respective duties and functions as specif ied in the
258268 Oklahoma Medical Marijuana and Patient Protection Act and this title
259269 including, but not limited to, the following :
260270 1. Determine steps the state shall take, whether ad ministrative
261271 or legislative in nature, to e nsure that research on marijuana an d
262272 marijuana products is being conducted for public purposes, including
263273 the advancement of:
264274 a. public health policy and publi c safety policy,
265275 b. agronomic and horticultural best p ractices, and
266276 c. medical and pharmacopoeia best practices;
267277 2. Contract with third-party vendors and other governmental
268278 entities in order to carry out the respective d uties and functions
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295305 as specified in the Oklahoma Medical Marijuana and Patient
296306 Protection Act;
297307 3. Upon complaint or upon its own mo tion and upon a completed
298308 investigation, levy fines as prescribed in applicable laws, rules
299309 and regulations and suspend, revoke or not renew licenses pursuant
300310 to applicable laws, rules and regulations ;
301311 4. Issue subpoenas for the appearance or production o f persons,
302312 records and things in co nnection with disciplinary or contested
303-cases considered by the Authority;
313+cases considered by the Department;
304314 5. Apply for injunctive or declaratory relief t o enforce the
305315 provisions of applicable laws, rules and regulations;
306316 6. Inspect and examine all l icensed premises of medical
307317 marijuana businesses, research facilities, education facilities and
308318 waste disposal facilities in which medical marijuana is cultiva ted,
309319 manufactured, sold, stored, transported, tested , distributed or
310320 disposed of;
311321 7. Upon action by the federal government by which the
312-production, sale and use of marijuana in this state does not violate
313-federal law, work with the Banking Department and the State
314-Treasurer to develop good practices and stan dards for banking and
315-finance for medical marijuana businesses;
322+production, sale and use of marijuana in Oklahoma does not violate
323+federal law, work with the Oklahoma State Banking De partment and the
324+State Treasurer to develop good pract ices and standards for banking
325+and finance for medical marijuana businesses;
316326 8. Establish internal control procedures for licenses including
317327 accounting procedures, re porting procedures and personnel po licies;
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344354 9. Establish a fee schedule and collect fees for performing
345-background checks as the Executive Director deems appropriate. The
346-fees charged pursuant to this paragraph shall not exceed the actual
347-cost incurred for each background check;
355+background checks as the Com missioner deems appropriate . The fees
356+charged pursuant to this paragraph shall not exceed the actual cost
357+incurred for each background check;
348358 10. Establish a fee schedule and collect fees for material
349359 changes requested by the licensee; and
350360 11. Establish regulations, which require a medi cal marijuana
351361 business to submit information to the Oklahoma Medical Marijuana
352362 Authority, deemed reasonably necessary to ass ist the Authority in
353363 the prevention of diversion of m edical marijuana by a licensed
354364 medical marijuana business. Such information required by the
355365 Authority may include, but shall not be limited to:
356366 a. the square footage o f the licensed premises,
357367 b. a diagram of the licensed premises,
358368 c. the number and type of lights at the licensed medical
359369 marijuana commercial grower business,
360370 d. the number, type and production capacity of equipment
361371 located at the medical marijuana process ing facility,
362372 e. the names, addresses and telephone numbers of
363373 employees or agents of a medical marijuana business,
364374 f. employment manuals and standard operating proced ures
365375 for the medical marijuana business, and
366376 g. any other information as the Authority re asonably
367377 deems necessary; and
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394-12. Establish an electronic procedure for monitoring,
395-collecting, and transmitting license d medical marijuana commercial
396-growers' monthly usage of electricity and water provided by retail
397-suppliers or electric cooperatives. The Authority shall provide
398-licensed medical marijuana commercial growers a means to transmit
399-monthly reports regarding th e amounts of electricity and water
400-consumed by licensed medical marijuana commercial growers. In
401-addition, the Authority shall develop rules, exemptions from the
402-requirements of this paragraph, and any necessary procedures for the
403-metering of the usage of electricity and water by licensed medical
404-marijuana commercial growers that are not supplied by retail
405-suppliers or electric cooperatives incl uding, but not limited to,
406-the usage of well water and gas -powered generators. Refusal or
407-failure to submit the re quired monthly usage reports or use of an
408-unpermitted water source by a licensed medical marijuana com mercial
409-grower shall result in the perm anent revocation of the medical
410-marijuana commercial grower license .
404+12. Establish a procedure for monitoring and collecting
405+licensed medical marijuana commercial growers' monthly usage of
406+commodities provided by public utility companies. The Authority
407+shall provide public utility companies w ith a means to submit
408+monthly reports regarding the names and addresses of and the amounts
409+of commodities supplied to licensed medical marijuana commercial
410+growers. The Authority shall require monthly usage reports to be
411+submitted in an electronic format that is integrated with the
412+Authority's seed-to-sale software. In addition, the Authority shall
413+develop rules and any necessary procedures for the metering of the
414+usage of water, electricity, or other forms of commodities used by
415+licensed medical marijuana commercial growers that are not supplied
416+by public utility companies including, but not li mited to, the usage
417+of well water and ga s-powered generators. Refusal or failure to
418+submit the required monthly usage reports by a medical marijuana
419+commercial grower licensee shall result in the permanent revocation
420+of the medical marijuana comm ercial grower license.
411421 SECTION 3. This act shall become effective November 1, 2022.
412422
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448+Passed the House of Representatives the 23rd day of March, 2022.
449+
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451+
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453+ Presiding Officer of the House
454+ of Representatives
455+
456+
457+Passed the Senate the ___ day of __________, 2022.
458+
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462+ Presiding Officer of the Senate
463+
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